Be careful what photos you post online

[shinygti]

Be careful what photos you post online

This sucks ass big time and all I say is they suck ass bigtime and if someone reported it they need to get a life!!

[Ben J]

It wasn't parked on the street but in undercover carpark of my unit, so it was definitely on private property. They have seen me driving before (one of the officers there had pulled me over for an RBT before, but for all they know it was perfectly legal then, they didn't find any defects at the time) so I don't know, I guess we'll see what happens

And yeah, couldn't agree more shinygti. I don't see how reporting my car could benefit anyone in anyway

[shinygti]

Be careful what photos you post online

Cops have been giving tickets to people who trailer their cars to willow bank. They car was on a trailer when it was given a defect!!! There is some loop hole they have found that if the car has rego then it has to be in a roadworthy state at all times. That mean if it has a label or number plates it dose not matter where it is parked it has to be legal

[team_v]

Can't be parked on the street, sadly. They have likely seen it being driven (and logged)

You may have an out as forum posts are usually viewed as personal ownership, even on a public forum

However, I doubt it is worth the time and effort.

Even if they saw it driven and took video evidence of it how are they going to be able to prove that it was too low or illegally modified?

I'm not saying they won't try it on but the onus of proof is on them so i don't see how it could stand up in court personally.



Having said that, it's easiest if we all stay within the bounds of the law.

[Candyman]

Be careful what photos you post online

Even if they saw it driven and took video evidence of it how are they going to be able to prove that it was too low or illegally modified?

I'm not saying they won't try it on but the onus of proof is on them so i don't see how it could stand up in court personally.



Having said that, it's easiest if we all stay within the bounds of the law.

He has been stopped driving it (see posts)

Despite not being an issue at the time, the Police can and do add info to tag files on the vehicle

[tigger73]

Not wanting to turn this forum into the nanny state but wouldn't it be better for everyone's protection if discussion on illegal modifications were edited/deleted by moderators (after clarification with the OP). It would at least stop this sort of thing happening to others.

Then again I guess it's up to the OP as to whether they want to open themselves up to this sort of thing happening to them by publicly broadcasting that they have illegal mods on their car.

One example comes to mind about discussions on spacers.... some things aren't only illegal they can be downright dangerous (also for other road users). I just shake my head each time these sorts of topics comes up.

[Ben J]

So I'm having a good look at all the paper work now, the defect notice has todays date on it, but the "offence" im accused of on the notice to appear in court says the 17/11/2012, when I was pulled over for a RBT, but had the car in a perfectly legal stock state at the time... Might I be able to use this in court and not get finer? theres over a month between when I was pulled over (in a perfectly legal car) and when they have found these defects whilst I was parked on private property and not driving at all.

[mb1907953]

Do you have photos of it from around the date they pulled you over (RBT)? At least then you can prove that it was in a roadworthy state. For that matter, ask them to provide photos of it from that day to prove it was illegally modified. I honestly can't see how they can fine you if it's on your private property, not being used and not endangering anyone around you.

And surely they can't fine you for it not being in a roadworthy state while registered. What if i'm doing work on my car in my garage and I have all my wheels pulled off and all the CV boots removed? Sure, its not roadworthy but I highly doubt you're supposed to unregister you car every time you do work on it and then re register it after.

[Ben J]

My thoughts exactly. I don't have any photos the date I was pulled over but I shouldn't need to take photos every day incase somewhere down the track something like this happened, they would be the ones needing proof I would think, and if they did take any photos they would show the car was in a perfectly legal state.

Even if i do get out of fines though, I still have to get the car inspected, and that is going to be a massive pain, not sure if it will pass even if i return it completely to stock :/

[brimway]

A curious observation...

Post a long weekend, either Easter or Christmas or school holidays, often the Police commissioner will go public with one of the following comments...

If the road toll is down, he/she will say " our officers have done a mighty job in keeping road deaths down"

If the road toll is up, he/she will say " motorists have behaved badly over this holiday period resulting in a high number of road fatalities"

So, you won't win.

[wai]

On the issuing of a defect notice, you do not have to be driving it to receive one, because the vehicle is registered. Having defects is a breach of the conditions of registration. This is why they are able to issue the notice even with the vehicle on private property and not being driven.

You will find that vehicles are identified as being in breach of conditions of registration in many different ways (car parks, club meetings, and even off-duty officers who happen to see one or members of the public who report in). Random audits are also carried out of inspection stations and it is the responsibility of the owner to ensure that the vehicle complies with the conditions of registration.

So, blurring number plates only helps on forums.

People do silly things. On my way down from Sydney to Bendigo I passes a Falcon S/W where the plastic surround on the number plate had been moved around 75 mm to the right so that there was a vertical bar just where the second letter started. The idea being to fool any camera detection. The problem is that this cannot happen accidentally, and if pulled over for a RBT, they would receive a penalty notice for obscuring a number plate as in all the years of driving I have NEVER seen a plastic surround slide over on its own.

In the end it comes down to not doing things that are illegal. It is not something that people might want to hear. If you want the law changed, then go through the proper process otherwise more will end up in a similar situation. Blurring number plates is only possible on forum photographs. You can't do this elsewhere as then that becomes an offence in itself.

[Jarred]

.... but wouldn't it be better for everyone's protection if discussion on illegal modifications were edited/deleted by moderators (after clarification with the OP)....

The moderators already have enough to do without going through and editing even more posts. People should have the common sense to keep thier illegal modifications offline, as this is, a public forum, after all.


It's unfortunate that this has happened Ben. It would sadden me tremendously if it was an active memeber of this online community that shared that information with the Police.


Best of luck with the court appearance. I fear however, it won't end in your favour.

[velly_16v_cab]

The moderators already have enough to do without going through and editing even more posts. People should have the common sense to keep thier illegal modifications offline, as this is, a public forum, after all.


It's unfortunate that this has happened Ben. It would sadden me tremendously if it was an active memeber of this online community that shared that information with the Police.


Best of luck with the court appearance. I fear however, it won't end in your favour.

I agree with you Jarred, this is a public place...think before posting.

A sad lession but lets hope we can all learn from this.

[noone]

Personally I get a little frustrated with some of the views in this thread, but the law is there for a reason, even if the RTA's laws are difficult to interpret, hard to gauge what is legal or not.

I think some people on this forum don't know they have un-roadworthy cars and these cars would be passing rego each year.

Sucks mate, good luck.

[Stan]

if you modify your car, get it engineered as a modded car and you are fine. Hotrodders do it all the time.
Modify it properly and safely.